DIVORCE IN ALBERTA
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Learn more about divorce.
It is no surprise that there is a high divorce rate in the Province of Alberta. For those individuals going through this difficult time in their life, depleted finances can definitely cause added stress to the situtation. On top of being an emotionally devastating experience, divorce can often be financially crushing. I am here to help alleviate some of the financial strain by allowing individuals to be self-represented and will assist with the divorce process from start to finish.
If both parties wish to make clean and cost efficient break and have already come to a mutually satisfactory agreement in relation to the terms of separation, I can certainly assist you with the court process and help obtain a Divorce Judgment and Certificate of Divorce.
Before proceeding with a divorce and contacting me, it is helpful and necessary that you have the following in order and meet the following requirements:
You must be separated for one year. - For most uncontested divorces, the grounds you base your divorce on are a one-year separation. You can commence divorce proceedings at any time after you separate from your spouse and file a Statement of Claim for Divorce; however, you may only apply for divorce by filing the divorce documents after the one year separation has taken place.
One year residency of one of the parties in Alberta. - One or both of the parties must have resided in Alberta for at least one year prior to commencing your divorce proceedings and, also, one of the parties must remain a resident of Alberta until such time the divorce has been granted.
It is important that both parties are in agreeance with proceeding with a divorce. Further, it is helpful if both parties have come to a resolution with respect to any custody, access, child support issues as well as any issues regarding spousal support and/or the division of assets and debt. Should this not be the case, I would highly recommend contacting a lawyer.
In order for proper service of the Statement of Claim to take place, the party initiating the divorce must know the whereabouts of their spouse.
An original government issued Marriage Certificate is required for the divorce process if you were married within Canada. Should your marriage have taken place outside of Canada, a copy of the Marriage Certificate will suffice. You can obtain a proper Marriage Certificate from any Alberta Registries location.
If there are children of the marriage, both parties must provide their most recent tax information in order for proper child support calculations to be prepared. If one party is unwilling to provide the sufficient documents, I can assist with the necessary steps to obtain the same.
You may also apply for a divorce on the following grounds which essentially means you may file for divorce prior to the one year separation, although it is a more complicated process.
Adultery:
Marriages do end because of infidelity. In order to proceed with a divorce on the basis of adultery you must be able to produce acceptable proof to the Court. This is a very difficult thing to do unless the spouse who has committed the act of adultery is willing to admit the same under oath. This means they would swear an Affidavit. If you do not have very strong evidence proving beyond a shadow of a doubt that infidelity took place and if your spouse is unwilling to swear the same under oath, this may not be an avenue available to you. Please keep in mind that the spouse who commits infidelity can refuse to answer any questions regarding the same.
Mental or Physical Cruelty:
Again, like with basing the divorce on adultery, the same process and standard of proof for this ground would be essential. It would be possible to proceed on this ground if you have physical evidence such as doctor's report, psychological reports, police reports, etc.; however, there is no guarantee the Courts would deem that sufficient.
If you wish to proceed with a divorce on the basis of adultery or mental and physical cruelty, I would highly recommend consulting a lawyer.